California, United States of America
The following excerpt is from People v. Franco, 181 Cal.Rptr.3d 778, 232 Cal.App.4th 831 (Cal. App. 2014):
21. Rule 4.411(c) states: The court must order a supplemental probation officer's report in preparation for sentencing proceedings that occur a significant period of time after the original report was prepared. Read in light of rule 4.441(a) and (b), however, rule 4.411(c) requires a supplemental report only if the defendant is eligible for probation. ( People v. Johnson, supra, 70 Cal.App.4th at p. 1432, 83 Cal.Rptr.2d 423.)
22. Nothing in the record suggests the trial court incorrectly believed it could not order a supplemental report if it wanted to do so. (See People v. Bullock, supra, 26 Cal.App.4th at p. 990, 31 Cal.Rptr.2d 850.)
*** See footnote *, ante.
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